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CC Resolution 7901RESOLUTION N0. 7901 BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING A COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA TO PROVIDE FOR THE WIDENING OF THE HAMILTON AVENUE OVERCROSSING ON STATE HIGHWAY ROUTE 17 AND THE MODIFICATION OF THE TRAFFIC CONTROL SYSTEM AT THE SOUTHBOUND OFF-RAMP WHEREAS, City desires to widen the Hamilton Avenue overcrossing on State Highway Route 17; and WHEREAS, said overcrossing widening will require modification of the traffic control system of the southbound off-ramp at Hamilton Avenue; and WHEREAS, the State of California has prepared a cooperative agreement authorizing Campbell to construct the desired improvements; NOW, THEREFORE BE IT RESOLVED that the Mayor be, and he is hereby, authorized to execute said agreement on behalf of the City of Campbell. PASSED AND ADOPTED THIS 20th DAY OF March 1990, by the following vote: AYES: Councilmembers: KOTOWSKI, WATSON, CONANT, BURR, ASHWORTH NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE APPROVED: ohn J. Ashworth, Mayor ATTES'~ ¢¢% - ~ - Barbara Olsasky, City Clerk 04-SC1-17 12.3/12.4 4220 - 116101 Dist. Aqmt. No. 4-1129-C Document No. SC1-43- AGREEMENT THIS AGREEMENT, ENTERED INTO ON MARCH 20, 1990 is between the STATE OF CALIFORNIA, acting by and through its De- partment o£ Transporta±ion, referred to herein as "STATE", and CITY OF CAMPBELL, a body politic and a municipal corporation of the State of California, referred to herein as "CITY". RECITALS (1) STATE and CITY, pursuant to Streets and Highways Code Section 130 are authorized to enter into a Cooperative Agreement for improvements to State Highways within the CITY. (2) CITY desires to construct State Highway improve- ments consisting of widening the Hamilton Avenue Overcrossing on State Highway Route 17 in Campbell and modifying the traffic con- trol signal at the intersection of Hamilton Avenue with the Route 17 southbound off-ramp and Salmar Avenue, referred to herein as PROJECT. CITY is willing to fund 100 percent of all capital out- lay and staffing costs, except that costs of $TATE's oversight of construction activities will be borne by STATE. (3) The entire PROJECT will be constructed within ex- fisting STATE and/or CITY rights of way. -1- Dist. Agmt. No. 4-1129-C (4) CITY desires to prepare the contract documents and advertise, award and administer the construction contract for PROJECT in order to bring about the earliest possible completion of PROJECT. (5) STATE is agreeable to CITY's proposal to prepare the contract documents and advertise, award and administer the construction contract for PROJECT. (6) The parties hereto intend to define herein the terms and conditions under which PROJECT is to be constructed, financed and maintained. SECTION I CITY AGREES: (1) To advertise, award and administer the con- struction contract for PROJECT in accordance with the require- ments of the Local Agency Public Construction Act and the California Labor Code, including its prevailing wage provisions. The contract shall include Disadvantaged Business Enterprise (DBE), Minority Business Enterprise (MBE) and Women Business En- terprise (WBE) programs. Said DBE, MBE, and WBE programs shall conform to that adopted by CITY to comply with Federal Aid re- quirements. If CITY does not have an adopted program, CITY shall use the program of Santa Clara County or use the STATE's program. (2) To identify and locate all high and low risk underground facilities within the PROJECT area that lie within -2- Dist. Agmt. No. 4-1129-C STATE's right of way and protect or otherwise provide for such facilities, all in accordance with STATE's "Manual on High and Low RisY. Underground Facilities [Vithin Highway Rights of Way". Costs of locating, identifying, protecting or otherwise providing for such high and low risk facilities shall be borne by CITY. CITY hereby acknowledges the receipt of STATE's "Manual on High and Low Risk Underground Facilities Within Highway Rights of Way" and agrees to construct the portion of PROJECT within STATE's right of way in accordance with such Manual. (3) To apply for necessary encroachment permits for required work within State Highway rights of way, in accordance with STATE's standard permit procedures, as more specifically de- fined in Articles (3), (4), (5), and (6) of Section III of this Agreement. (4) To require that the construction contractor fur- nish both a payment and performance bonds in CITY's name, in ac- cordance with Section 3-1.02 of STATE's current Standard Specifications. The bond forms are to be furnished by STATE. (5) To construct PROJECT in accordance with plans and specifications of CITY, to the satisfaction of and subject to the approval of STATE. (6) That CITY contract administration procedures shall conform to the requirements set forth in STATE's Construction Manual, Local Programs Manual and Encroachment Permit for con- struction of PROJECT. -3- Dist. Agmt. No. 4-1129-C (7) Roadway Construction shall conform to the State Construction Manual and standard methods of practice in conform- ance with State Standard Specifications and special provisions for PROJECT. (8) Material testing and quality control shall conform to the State Construction Manual, the State Material Testing Man- ual and be performed, at CITY expense, by a certified material testing consultant acceptable to STATE. Independent assurance testing, specialty testing, and off-site source testing, as indi- cated in the special provisions, will be performed by STATE at no cost to CITY. Type approval of asphalt and concrete plants shall be by STATE. (9) To furnish a field site representative, who is a licensed Civil Engineer in the State of California, to perform the functions of a Resident Engineer. The Resident Engineer shall be a public employee if any Federal funds are being used to finance said PROJECT. If the PROJECT plans and specifications were prepared by a private design consultant, the Resident Engi- neer shall not be an employee of that consultant. The Resident Engineer shall also be independent of the construction contrac- tor. (10) The STATE representative shall have authority to accept or reject work and materials and approve all change orders related to public safety or convenience and design or specifica- tion changes for work within STATE's existing rights of way. -4- Dist. Agmt. No. 4-1129-C Such approval shall be obtained in advance of performance of worY.. (11) To pay costs of construction required for satis- factory completion of PROJECT, including changes pursuant to con- tract change orders approved by the STATE representative. Major changes as defined in the State Construction Manual and the State Local Programs Manual require approval prior to performance of work. I£ CITY terminates PROJECT prior to completion of the con- struction contract, STATE, at its option, may require CITY, at CITY cost, to return the right of way to its original condition or to a condition of acceptable permanent operation. (12) To furnish qualified support staff to assist the Resident Engineer in, but not limited to, construction surveys, soils and foundation tests, measurement and computation of quan- tities, testing of constuction materials, checking shop drawings, and other inspection and staff services necessary to assure that the construction is being performed in accordance with the plans and specifications. Said qualified staff support shall be inde- pendent of the design engineering company and construction con- tractor. (13) To make the progress payments to the contractor using CITY funds and pay all costs for required staff services as described in Articles (9) and (12) above in this Section I. (14) T4ithin sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish -5- Dist. Agmt. No. 4-1129-C STATE with a complete set of acceptable full-sized film positive reproducible As-Built plans and all contract records. (15) Upon completion of work under this Agreement, CITY will assume maintenance and the expense thereof for the por- tion of PROJECT outside of current right of way until acceptance of PROJECT into the State Highway system by STATE and approval by the Federal Highway Administration, if required. SECTION II STATE AGREES (1) To issue, at no cost to CITY, upon proper applica- tion by CITY the necessary encroachment permit for required work within the State Highway rights of way, as more specifically de- fined in Articles (3), (4), (5) and (6) of Section III of this Agreement. (2) To provide, at no cost to CITY, a qualified repre- sentative (STATE representative) who shall have authority to ac- cept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the Encroachment Permits issued to CITY and to CITY's contractor. (3) To provide TESTING (estimated to be one load test pile in accordance with Section 4.9-1 of STATE's Standard Spec- ification) at no cost to CIT`_'. -6- Dist. Agent. No. 4-1129-C (4) PSinor changes to PROJECT plans and specifications will be facilitated through contract change orders approved by STATE's representative without issuance of an Encroachment Permit Rider; but the changes shall be shown on the As-Built plans. Ma- jor contract change orders must be approved by Encroachment Per- mit Riders when required in the opinion of STATE. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS (1) All obligations of STATE under the terms of this Agreement are contingent upon the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Should any portion of PROJECT be financed with Federal funds or State gas tax funds, all applicable regulations and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. (3) Construction by CITY of improvements referred to herein which lie within State Highway rights of way or affect STATE's facilities, shall not be commenced until CITY's original contract plans involving such work and plan for utility relo- cations have been reviewed and accepted by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an Encroachment Permit authorizing such work has been issued by STATE. -7- Dist. Agent. No. 4-1129-C (4) CITY will obtain the aforesaid Encroachment Permit through the office of STATE's District Permit Engineer and CITY's application thereof shall be accompanied by five (5) sets of re- duced construction plans of aforesaid STATE approved contract plans. P.eceipt by CITY of the approved Encroachment Permit shall constitute CITY's authorization from STATE to proceed with work to be performed by CITY or its consultants within State Highway rights o£ way or which affects STATE's facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said Encroachment Permit. (5) CITY's construction contractor will also be re- quired to obtain an Encroachment Permit from STATE prior to com- mencing any work within State Highway rights of way or which affects STATE's facilities. The application by CITY's contractor for said Encroachment Permit shall be made through the office of STATE's District Permit Engineer and shall include proof that the said contractor has payment and performance surety bonds covering construction of PROJECT. (6) CITY shall not award a contract to construct any portion o£ PROJECT within the existing State Highway rights of way until after an Encroachment Permit has been issued to CITY by STATE. (7) That construction bidders shall be required to provide a ten percent proposal guarantee-security bond as speci- -8- Dist. Agmt. No. 4-1129-C fied in Section 2-1.07 of STATE's current Standard Specifica- tions. (8) CITY's construction contractor shall maintain in force, until completion and acceptance of the PROJECT con- struction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7-1.12 of the State Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insured. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be de- livered to STATE before issuance of an Encroachment Permit. (9) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice to STATE. (10) In the construction of said work, representatives of CITY and STATE will cooperate and consult with each other, and all work pursuant to PROJECT shall be accomplished according to the approved plans, specifications and applicable STATE stand- ards. Satisfaction of these requirements shall be verified by the STATE representative. The STATE representative is authorized to enter CITY's property during construction for the purpose of monitoring and coordinating construction activities. (11) CITY shall provide a claims process acceptable to STATE, and shall process any and all claims through CITY's claim process. The STATE representative will be made available to CITY -Q- Dist. Agent. No. 4-1129-C to provide advice and technical input in any claim process. Said claims process shall include a provision for arbitration. (12) If existing public and/or private utilities con- flict with the construction of PROJECT, CITY will make all neces- sary arrangements with the owners of such utilities for their protection, relocation or removal. CITY shall inspect the pro- tection, relocation or removal of such facilities. If any pro- tection, relocation or removal of utilities is required, such work shall be performed in accordance with STATE policy and pro- cedure for those utilities within STATE's existing right of way and in accordance with CITY policy for those utilities outside STATE's existing right of way. Total costs of such protection, relocation or removal shall be borne by other than STATE in ac- cordance with the terms of the Highway Encroachment Permits, Case Law, Public Utility Regulations and Property Rights. CITY shall require any utility company performing relocation wort, within STATE's right of way to obtain a STATE encroachment permit prior to the performance of said relocation work. All relocated or new utilities shall be correctly located and identified on the As- Built plans referred to in Article (14) of Section I. (13) Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within areas that are within the limits of PROJECT and are open to public traffic, CITY shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's -10- Dist. Agent. No. 4-1129-C vehicles, the construction contractor's equipment and vehicles and/or vehicles of the consultants (if any) retained by CITY and for the protection of the traveling public from injury and dam- age from such vehicles. (14) Upon completion and acceptance of the PROJECT construction contract by CITY to the satisfaction of the STATE representative, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance. STATE will maintain, at STATE's expense, the entire structure (vehicular overcrossing) below the deck surface. (15) CITY will accept control and maintenance, at its own cost and expense, those portions of PROJECT lying outside STATE's right o£ way. Also, CITY will maintain, at CITY's ex- pense, local roads within STATE's right of way delegated to CITY for maintenance and remaining portions of the structure, includ- ing the deck surface and above, as well as all traffic service facilities that may be required for the benefit or control of CITY street traffic. (16) The maintenance and energy costs of operating the traffic control signal system and safety lighting within STATE's right of way shall be in accordance with CITY and STATE's mainte- nance agreement. (17) That upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances which are installed within STATE's right of way -11- Dist. Agmt. No. 4-1129-C will automatically be vested in the STATE, and all materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in the CITY, except that owner- ship and title to all signal and lighting materials, equipment and appurtenances which are installed will be owned by STATE. No further agreement will be necessary to transfer ownership as hereinabove stated. (18) It is understood and agreed that neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also understood and agreed that, pursuant to Government Code Sec- tion 895.4, CITY shall fully defend, indemnify and save harmless the State o£ California, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omit- ted to be done by CITY under or in connection with any work, au- thority or jurisdiction delegated to CITY under this Agreement. (19) It is understood and agreed that neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also understood and agreed that, pursuant to Government Code Section -12- Dist. Agmt. No. 4-1129-C 895.4, STATE shall defend, indemnify and save harmless CITY from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omit- ted to be done by STATE under or in connection with any work, au- thority or Jurisdiction delegated to STATE under this Agreement. (20) No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto and no oral understanding or agreement not incor- porated herein shall be binding on any of the parties hereto. (21) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the PROJECT construction contract by CITY or on September 30, 1993, whichever is earlier in time; however, the ownership, operation, maintenance, and claims clauses shall re- main in effect until terminated or modified in writing by mutual agreement. -13- STATE OF CALIFORNIA Department of Transportation ROBEP.T K. BEST Director of Transportation By Deputy District Director APPROVED AS TO FORM AND PROCEDURE ATTORNEY Department of Transportation CERTIFIED AS TO FUNDS AND PROCEDURE District Accounting Officer Dist. Agmt. No. 4-1129-C CITY OF CAMPBELL By !~~v t / Mayor Attest• ~s ~ / / C i ty C le~~~r/''~~/~~~/k CERTIFICATION OF FUNDSi / I hereby certify upon my own personal knowledge that budgete funds are available for the period and purpose of payment t the construction contractor and to qualified support staff pursuant to this Agreement. City Fiscal Officer -14-